STATE OF JHARKHAND Vs. ISHWARNATH MISHRA

JUDGEMENT

(1.) THE appellants in Cr. Appeal No. 499/05 were arrayed as A1 and .A2 in S.T. No. 140 of 1996/Trial No. 16/2003 before Addl. Judicial Commissioner, F.T.C. No. VIII, Ranchi, and along with them, Basant Mahto was also arrayed as A3. Charges were framed against the appellants along wih Basant Maho for the offence under Section 302 read with Section 34 and 120B IPC on the allegations that at about 9.00 p.m. on 26.6.1995, the appellants and Basant Mahto, in pursuance of a conspiracy hatched, committed the murder of Shiv Kumar Nath Mishra (Dl), Deo Dahi Devi (D2), their daughters Munni Kumari (D3) and Neelam Kumari (D4), by using sharp cutting weapons, inflicting several injuries on their persons. Learned Trial Judge, while acquitting Basant Mahto of all the charges and also acquitting the appellants under Section 120B IPC, found the appellants guilty for the offence under Section 302 read with Section 34 IPC and awarded death sentence to them. The appellants, aggrieved by the said order of conviction and sentence, preferred the above appeal and the Death Reference is by the Sessions Judge for confirmation by this Court.

(2.) AS the appeal and the reference arise out of a common sessions case, both are being disposed of by the following common judgment.

(3.) ON receipt of the requisition, PW 5, the Medical Officer attached to the RMCH, conducted autopsy on the dead body of Dl, Shiv Kumar Nath Mishra. He found the following injuries : -